Abhi Yadav and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43904 of 2023 Applicant :- Abhi Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kuldip Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Kuldip Singh Yadav learned counsel for the applicants, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 189 of 2023, under Sections 392, 411 I.P.C, Police Station Matsena, District Firozabad, during the pendency of trial.

¶3Counsel for the applicants submitted that the applicants are students and they have been falsely implicated in the instant case due to ulterior motive. Nothing has been recovered from the possession of the applicant. The alleged recovery is false and fabricated. He further contends that the case was triable by the court of Magistrate. The applicants have no criminal history in their credit. The applicants are in jail since 27.08.2023. In case, the are enlarged on bail, they will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions made by the counsel for the applicants.

¶5Having regard to the submissions made but without commenting on merits of the case, this Court is of opinion that the applicants are entitled to be enlarged on bail.

¶6Let the applicants - Abhi Yadav and Dileep Yadav, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that they:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 09.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad